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Federal Register / Vol. 86, No. 2 / Tuesday, January 5, 2021 / Rules and Regulations requirement, the State agency must follow the procedure specified in paragraph m6v of this section for a workfare overissuance.
15 If a State agency fails to efficiently and effectively administer its E&T program, the provisions of 276.1a4 of this chapter will apply.
16 FNS may require a State agency to make modifications to its SNAP E&T
plan to improve outcomes if FNS
determines that the E&T outcomes are inadequate.
17 The State agency shall submit an annual E&T report by January 1 each year that contains the following information for the Federal fiscal year ending the preceding September 30.
i The number and percentage of E&T
participants and former participants who are in unsubsidized employment during the second quarter after completion of participation in E&T.
ii The number and percentage of E&T participants and former participants who are in unsubsidized employment during the fourth quarter after completion of participation in E&T.
iii Median average quarterly earnings of the E&T participants and former participants who are in unsubsidized employment during the second quarter after completion of participation in E&T.
iv The total number and percentage of participants that completed an educational, training work experience or an on-the-job training component.
v The number and percentage of E&T participants who:
A Are voluntary vs. mandatory participants;
B Have received a high school degree or GED prior to being provided with E&T services;
C Are ABAWDs;
D Speak English as a second language;
E Are male vs. female; and F Are within each of the following age ranges: 1617, 1835, 3649, 5059, 60 or older.
vi Of the number and percentage of E&T participants reported in paragraphs c17i through iv of this section, a disaggregation of the number and percentage of those participants and former participants by the characteristics listed in paragraphs c17vA, B, and C of this section.
vii Reports for the measures identified in a States E&T plan related to components that are designed to serve at least 100 participants a year;
and viii States that have committed to offering all at-risk ABAWDs participation in a qualifying activity and have received an additional allocation
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of funds as specified in paragraph d3
of this section shall include:
A The monthly average number of individuals in the State who meet the conditions in paragraph d3i of this section;
B The monthly average number of individuals to whom the State offers a position in a program described in 273.24a3 and 4;
C The monthly average number of individuals who participate in such programs; and D A description of the types of employment and training programs the State agency offered to at risk ABAWDs and the availability of those programs throughout the State.
ix States may be required to submit the annual report in a standardized format based upon guidance issued by FNS.
x State agencies certifying workforce partnerships for operation in their State in accordance with paragraph n of this section may report relevant data to demonstrate the number of program participants served by the workforce partnership, and of those how many were mandatory E&T participants.
18i The State agency must ensure E&T providers are informed of their authority and responsibility to determine if an individual is ill-suited for a particular E&T component. Such determinations shall be referred to as provider determinations. For purposes of this paragraph, an E&T provider is the provider of an E&T component. The E&T provider must notify the State agency of a provider determination within 10 days of the date the determination is made and inform the State agency of the reason for the provider determination. The E&T
provider may also provide input on the most appropriate next step, as outlined in paragraph c18iB of this section, for the individual with a provider determination. If the State agency is unable to obtain the reason for the provider determination from the E&T
provider, the State agency must continue to act on the provider determination in accordance with this section. If an E&T provider finds an individual is ill-suited for one component, but the E&T provider determines the individual may be suitable for another component offered by the E&T provider, at State agency option, the E&T provider may switch the individual to the other component and inform the State agency of the new component without the need for the State agency to act further on the provider determination. The E&T
provider has the authority to determine if an individual is ill-suited for the E&T

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component from the time an individual is referred to an E&T component until completion of the component. When a State agency receives notification that an individual has received a provider determination, and the individual is not exempt from the work requirement as specified in paragraph b of this section, the State agency must:
A Notify the mandatory or voluntary E&T participant, within 10 days of receiving notification from the E&T
provider, of the provider determination including the following information, as applicable. The State agency must explain what a provider determination is, the next steps the State agency will take as a result of the provider determination, and contact information for the State agency. In the case of either a mandatory or voluntary E&T
participant with a provider determination, the State agency must also notify the individual that they are not being sanctioned as a result of the provider determination. In the case of an ABAWD who has received a provider determination, the State agency must also notify the ABAWD that the ABAWD will accrue countable months toward their three-month participation time limit the next full benefit month after the month during which the State agency notifies the ABAWD of the provider determination, unless the ABAWD fulfills the work requirements in accordance with 273.24, or the ABAWD has good cause, lives in a waived area, or is otherwise exempt.
The State agency may make such notification either verbally or in writing, but must, at a minimum, document when the notification occurs in the participants case file; and B Take the most suitable action from among the following options no later than the date of the individuals recertification. If an individual with a provider determination requests that the State agency take one of the following actions sooner than the next recertification, the State agency must take the most suitable action as soon as possible:
1 Refer the individual to an appropriate E&T program component in accordance with paragraph e2 of this section. Before making this referral, the State agency must screen the individual for participation in the E&T program in accordance with paragraph c2 of this section, and determine that it is appropriate to refer the individual to an E&T component, considering the suitability of the individual for any available E&T components. In accordance with paragraph e1 of this section, all E&T participants must
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